British Commercial Insurance Company Act 1847

Publication Date:January 01, 1847
 
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British Commercial Insurance Company Act 1847

(10 & 11 Vict.) c. lxxxiv

An Act to repeal an Act of the Second Year of His late Majesty King William the Fourth, intituled An Act to enable the British Commercial Insurance Company to sue and be sued in the Name of One of the Directors or of the Secretary for the Time being of the Company, and to enable the said Company to sue and be sued in the Name of One of their Directors or of their Secretary for the Time being.

[2d July 1847]

ANNO DECIMO & UNDECIMO VICTORIA REGIN^E ***-**********-*************************************** Cap. Ixxxiv. An Act to repeal an Act of the Second Year of His late Majesty King William the Fourth, intituled An Act to enable the British Commercial Company to sue and he sued in the of the Secretary able the Name of One of the D d b ed in for the Time being of the Company, and the said Company to sue N of their Dire of O or of their Secretary for the Time being. [2d July 1847.] w HERE AS an Act was passed in the Second Year of the Reign of His late Majesty King William the Fourth, intituled An Act to enable the British Commercial In surance Company to sue and be sued in the Name of One of the Directors or of the Secretary for the Time being of the Company: And whereas the said Act has been found defective, and insufficient for the Purposes thereby intended, and it is therefore just and ex pedient that the same should be repealed, and that the said Purposes should be more effectually provided for : May it therefore please Your Majesty that it may be enacted; and be it enacted by the Queen's [Local.] 12 U most 2 & 3 W. 4 c 38,. 1090 10 & 11 VICTORIA, Cfljo.lxxxiv. most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia- Kecited Act ment assembled, and by the Authority of the same, That the said Act repealed. shau ^e an(j the samfc is hereby repealed. Company to II. And be it enacted, That from and after the passing of this sue and be present Act all Actions and Suits, and all Petitions and Proceedings NamfTof any ?or an * UT)der any Fiat or Commission of Bankruptcy in England or One birec- Ireland or any Sequestration in Scotland, and all Proceedings under tor, or of the any Act now or hereafter to be in force for the Relief of Insolvent Secretary. Debtors in Eng!and and all other Proceedings whatsoever, at Law or Membe^of *n Equity, or otherwise howsoever, to be commenced, instituted, pre- the Com- sented, prosecuted, or carried on by, for, or on behalf of the said pany. Company or Association called " The British Commercial Insurance Company," against any Person or Persons, or Body or Bodies Politic or Corporate, or others whomsoever, shall and lawfully may be commenced, instituted, or presented and prosecuted or carried on in the Name of any One of the Directors or of the Secretary for the Time being of the said Company, as the nominal Plaintiff, Pursuer, or Petitioner for and on behalf of the said Company, and that all Actions, Suits, and Proceedings, at Law or in Equity, to be commenced or instituted and prosecuted against the said Company, shall and lawfully may be commenced, instituted, and prosecuted against any One of the Directors or the Secretary for the Time being, if any, of the said Company, or, if there shall be no Director or Secretary, against any Member of the said Company, as the nominal Defendant or Defender for and on behalf of the said Company ; and that all Indictments, Informations, and Prosecutions to be brought, preferred, instituted, or carried on, by, for, or on behalf of the said Company, for feloniously taking, stealing, or embezzling any Property whatsoever of or belonging to the said Company, or for any Fraud, Forgery, Crime, or Offence whatsoever committed against or with Intent to injure or defraud the said Company, shall and lawfully may be brought, instituted, preferred, and carried on in the Name of any One of the Directors or of the Secretary for the Time being of the said Company; and that in all such Indictments, Informations, and Prosecutions against any Person or Persons whomsoever, notwithstanding such Person or Persons may happen to be a Member or Members of the said Company, it shall be lawful and sufficient to lay and state the Property of the said Company to be the Property of such Director or Secretary for the Time being; and that any Fraud, Forgery, Crime, or other Offence committed against or with Intent to injure or defraud the said Company shall and lawfully may, in every such Indictment, Information, or Prosecution, be laid or stated to have been committed against or with Intent to injure or defraud such Director or Secretary for the Time being, and any Offender or Offenders may thereupon be lawfully convicted; and that in all Actions, Suits, Petitions, Allegations, Indictments* Informations* Prosecutions, or Proceedings whatsoever, in which it might or would have been necessary, in. case this Act had not been passed, to state the Names of the Persons composing the said Company, it shall and may be lawful and sufficient, from and after the parsing of this Act, to state only the: Name of the Director or 7 Secretary 10 & 11 VICTORIA Cap.lxxxiv. 1091 Secretary or Member selected to be such nominal Plaintiff, Pursuer, or Petitioner, or Defendant or Defender, as aforesaid, for or on behalf of the said Company; and that the Death, Resignation, Removal, or any Act whatsoever of such Director or Secretary or Member shall not abate, discontinue, or in any way prejudice any such Action, Suit, Petition, Indictment, Information, Prosecution, or other Proceeding whatsoever; and that in every Case where an Affidavit, Oath of Verity, or solemn Declaration may be required on behalf of the said Company, the same may and shall be made and taken by One of the Directors or by the Secretary for the Time being of the said Company, in the Name and for and on behalf of the said Company; and the same being so made or taken shall to and for all...

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